Many California workers — especially in restaurants, warehouses, factories, healthcare settings, and gig jobs — often find themselves scheduled for 7, 8, or even 10 consecutive days. Employers may claim it’s necessary due to staffing shortages, holiday rushes, or deadlines. But is this legal under California law?
The short answer: Not usually.
California Labor Code protects employees by requiring at least one day of rest in every seven-day work period. This law exists to safeguard workers’ health, safety, and overall well-being — and employers who ignore it may be violating the law and exposing themselves to serious penalties.
Whether you’ve been told “you’re needed every day this week” or threatened with losing hours for asking for a break, it’s important to know that you have rights. Below, we break down the state’s “day of rest” rules, common exceptions, and how to respond if your boss is scheduling you beyond what’s legal.
If you’re also dealing with excessive scheduling, off-the-clock work, or emotional distress, you may want to consult these additional resources:
What Is the "Day of Rest" Law in California?
California’s “day of rest” law is designed to ensure that workers have a consistent opportunity to recover from the physical and mental demands of their jobs. According to:
Labor Code §551 – Employees are entitled to one full day’s rest out of every seven days worked.
Labor Code §552 – Employers are prohibited from “causing” employees to work more than six days in a single workweek.
These provisions are part of California’s broader commitment to worker health and safety. By requiring time off, the state seeks to reduce burnout, prevent injuries, and promote productivity.
Who’s Covered?
Most non-exempt workers, including:
Hourly and part-time employees
Those in retail, healthcare, hospitality, food service, and logistics
Why It Matters:
The law doesn’t just look at how many days you work in a row on the calendar. It focuses on the defined workweek set by your employer. So even if your 7-day stretch crosses into two weeks, it might still violate the law depending on how the workweek is scheduled.
If your employer isn’t giving you one full day of rest in each workweek, they could face penalties — and you could be entitled to back pay or other compensation.
When Working 7 Days in a Row Is (and Isn’t) Legal
While most workers are guaranteed a day of rest, there are a few legal exceptions. Here’s when working 7 days straight may not violate the law:
Legal Exceptions
Low Weekly Hours: If the total hours worked for the week do not exceed 30 hours, and no single day exceeds 6 hours, an employer may not be in violation.
Voluntary Scheduling: Employees may voluntarily agree to work 7 or more consecutive days — but this agreement must be free from coercion and fully informed.
What Employers Still Must Do
Even if you voluntarily choose to work extra days, your employer is required to:
Clearly inform you of your right to a day of rest
Ensure that your choice to waive rest is truly voluntary and not made under pressure
Continue to comply with break, overtime, and wage laws — scheduling long shifts without breaks can still violate other labor codes
Real Example: Retail Shift Creep
Alondra, a retail associate, worked 10 consecutive days over the holidays. She was told the store was “short-staffed” and skipping a shift would affect her future schedule.
After contacting an employment attorney, she discovered her rights had been violated. Alondra filed a claim and recovered statutory penalties and lost wages for the excessive scheduling.
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What Are the Penalties for Employers Who Violate Day of Rest Laws?
California labor law protects employees from being overworked without proper rest. If your employer requires you to work seven or more consecutive days without your consent — or outside of legal exceptions — they may be violating state labor regulations.
In these cases, you may be entitled to civil penalties for each violation, back pay for missed rest periods, and even injunctive relief to stop the practice if it’s ongoing.
These violations often don’t occur in isolation. They frequently appear alongside issues like unpaid overtime, missed meal and rest breaks, or broader wage theft — especially in industries like retail, hospitality, and logistics, where over-scheduling is common.
If you’ve been working without proper rest, it’s important to speak with a California employment attorney who can review your schedule history, explain your rights, and help you pursue any compensation you’re owed.
What To Do If You're Working 7+ Days Without Rest
Track your hours and schedule — note each day worked and shift duration
Ask your employer (in writing) about your day-of-rest rights
Consult an employment lawyer — especially if you were punished for refusing a shift
File a claim with the California Labor Commissioner
You are not required to sacrifice rest just to keep your job.
We Help California Workers Get Their Time Back
At Bibiyan Law Group, we help California employees take action when their employers violate day-of-rest laws or force illegal schedules. Whether you’ve worked too many days without a break or faced retaliation for saying no, we’ll fight for your rights.
Our team can help you:
Calculate your missed rest period damages
Recover back pay and penalties
Take legal action for ongoing violations
📞 Book Your Free & Confidential Consultation — You don’t pay unless we win. Reach out now to get started.
Frequently Asked Questions (FAQs)
A: Not unless you qualify for an exception. Most employees must receive 1 day of rest in 7, per Labor Code §551-552.
A: You may voluntarily work extra days, but your employer must inform you of your right to rest and cannot coerce or punish you for refusing.
A: Your employer may owe you civil penalties and back pay. You can file a complaint with the California Labor Commissioner.
A: It depends on whether you are classified as exempt or non-exempt. Many salaried workers are still protected by day-of-rest laws.
A: No. Terminating or punishing you for exercising your rights may count as illegal retaliation.
A: Retail, hospitality, food service, healthcare, and logistics industries often push excessive schedules, especially during peak seasons.
A: Yes. As long as you’re a non-exempt employee, you’re covered — even if you work part-time or variable shifts.
A: Your classification depends on your duties and pay structure. A qualified employment lawyer can review your role and advise you.
A: You still have the right to a rest day. Inform your employer, and they cannot retaliate for you exercising your legal rights.
A: You can file a complaint with the California Labor Commissioner either online or by visiting a local office.
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